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42 U.S.C. § 7549 — High altitude performance adjustments

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7549 — High altitude performance adjustments

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7549

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Stable record: federal_law:legal_authorities:record_usc_f081b6615b7db89545980218
Source file: Laws/federal/codes/united-states-code/title-42/section-7549-high-altitude-performance-adjustments--7146c30024.md
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Source location: Title 42, Chapter 85, § 7549; chapter-085-air-pollution-prevention-and-control.md

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**(a) Instruction of the manufacturer** (1) Any action taken with respect to any element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter (including any alteration or adjustment of such element), shall be treated as not in violation of [section 7522(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7522/a&num=0&edition=prelim) if such action is performed in accordance with high altitude adjustment instructions provided by the manufacturer under subsection (b) and approved by the Administrator. (2) If the Administrator finds that adjustments or modifications made pursuant to instructions of the manufacturer under paragraph (1) will not insure emission control performance with respect to each standard under [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521&num=0&edition=prelim) at least equivalent to that which would result if no such adjustments or modifications were made, he shall disapprove such instructions. Such finding shall be based upon minimum engineering evaluations consistent with good engineering practice. **(b) Regulations** (1) Instructions respecting each class or category of vehicles or engines to which this subchapter applies providing for such vehicle and engine adjustments and modifications as may be necessary to insure emission control performance at different altitudes shall be submitted by the manufacturer to the Administrator pursuant to regulations promulgated by the Administrator. (2) Any knowing violation by a manufacturer of requirements of the Administrator under paragraph (1) shall be treated as a violation by such manufacturer of [section 7522(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7522/a/3&num=0&edition=prelim) for purposes of the penalties contained in [section 7524 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7524&num=0&edition=prelim). (3) Such instructions shall provide, in addition to other adjustments, for adjustments for vehicles moving from high altitude areas to low altitude areas after the initial registration of such vehicles. **(c) Manufacturer parts** No instructions under this section respecting adjustments or modifications may require the use of any manufacturer parts (as defined in [section 7522(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7522/a&num=0&edition=prelim)) unless the manufacturer demonstrates to the satisfaction of the Administrator that the use of such manufacturer parts is necessary to insure emission control performance. **(d) State inspection and maintenance programs** Before January 1, 1981 the authority provided by this section shall be available in any high altitude State (as determined under regulations of the Administrator under regulations promulgated before August 7, 1977) but after December 31, 1980, such authority shall be available only in any such State in which an inspection and maintenance program for the testing of motor vehicle emissions has been instituted for the portions of the State where any national ambient air quality standard for auto-related pollutants has not been attained. **(e) High altitude testing** (1) The Administrator shall promptly establish at least one testing center (in addition to the testing centers existing on November 15, 1990) located at a site that represents high altitude conditions, to ascertain in a reasonable manner whether, when in actual use throughout their useful life (as determined under [section 7521(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521/d&num=0&edition=prelim)), each class or category of vehicle and engines to which regulations under [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521&num=0&edition=prelim) apply conforms to the emissions standards established by such regulations. For purposes of this subsection, the term “high altitude conditions” refers to high altitude as defined in regulations of the Administrator in effect as of November 15, 1990. (2) The Administrator, in cooperation with the Secretary of Energy and the Administrator of the Federal Transit Administration, and such other agencies as the Administrator deems appropriate, shall establish a research and technology assessment center to provide for the development and evaluation of less-polluting heavy-duty engines and fuels for use in buses, heavy-duty trucks, and non-road engines and vehicles, which shall be located at a high-altitude site that represents high-altitude conditions. In establishing and funding such a center, the Administrator shall give preference to proposals which provide for local cost-sharing of facilities and recovery of costs of operation through utilization of such facility for the purposes of this section. (3) The Administrator shall designate at least one center at high-altitude conditions to provide research on after-market emission components, dual-fueled vehicles and conversion kits, the effects of tampering on emissions equipment, testing of alternate fuels and conversion kits, and the development of curricula, training courses, and materials to maximize the effectiveness of inspection and maintenance programs as they relate to promoting effective control of vehicle emissions at high-altitude elevations. Preference shall be given to existing vehicle emissions testing and research centers that have established reputations for vehicle emissions research and development and training, and that possess in-house Federal Test Procedure capacity.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7524 — Civil penalties

**(a) Violations** Any person who violates sections 11 So in original. Probably should be “section”. 7522(a)(1), 7522(a)(4), or 7522(a)(5) of this title or any manufacturer or dealer who violates [section 7522(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7522/a/3/A&num=0&edition=prelim) shall be subject to a civil penalty of not more than $25,000. Any person other than a manufacturer or dealer who violates [section 7522(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7522/a/3/A&num=0&edition=prelim) or any person who violates [section 7522(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7522/a/3/B&num=0&edition=prelim) shall be subject to a civil penalty of not more than $2,500. Any such violation with respect to paragraph (1), (3)(A), or (4) of [section 7522(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7522/a&num=0&edition=prelim) shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine. Any such violation with respect to [section 7522(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7522/a/3/B&num=0&edition=prelim) shall constitute a separate offense with respect to each part or component. Any person who violates [section 7522(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7522/a/2&num=0&edition=prelim) shall be subject to a civil penalty of not more than $25,000 per day of violation. **(b) Civil actions** The Administrator may commence a civil action to assess and recover any civil penalty under subsection (a) of this section

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7524

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7521 — Emission standards for new motor vehicles or new motor vehicle engines

**(a) Authority of Administrator to prescribe by regulation** Except as otherwise provided in subsection (b)— (1) The Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare. Such standards shall be applicable to such vehicles and engines for their useful life (as determined under subsection (d), relating to useful life of vehicles for purposes of certification), whether such vehicles and engines are designed as complete systems or incorporate devices to prevent or control such pollution. (2) Any regulation prescribed under paragraph (1) of this subsection (and any revision thereof) shall take effect after such period as the Administrator finds necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period. (3) (A) *In general.—* (i) Unless the standard is changed as provided in subparagraph (B), regulations under paragraph (1) of this subsection applicable to emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, and particulate matter from classes or categories of heavy-duty vehicles or engines manufactured during or after model year 1983 shall contain standards which reflect the greatest degree of emission reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to cost, energy, and s

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7521

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7401 — Congressional findings and declaration of purpose

**(a) Findings** The Congress finds— (1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. **(b) Declaration** The purposes of this subchapter are— (1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs. **(c) Pollution prevention** A prim

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 107 — Federal Transit Administration

**(a)** The Federal Transit Administration is an administration in the Department of Transportation. **(b)** The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation. **(c)** The Administrator shall carry out duties and powers prescribed by the Secretary.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 107

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7522 — Prohibited acts

**(a) Enumerated prohibitions** The following acts and the causing thereof are prohibited— (1) in the case of a manufacturer of new motor vehicles or new motor vehicle engines for distribution in commerce, the sale, or the offering for sale, or the introduction, or delivery for introduction, into commerce, or (in the case of any person, except as provided by regulation of the Administrator), the importation into the United States, of any new motor vehicle or new motor vehicle engine, manufactured after the effective date of regulations under this part which are applicable to such vehicle or engine unless such vehicle or engine is covered by a certificate of conformity issued (and in effect) under regulations prescribed under this part or part C in the case of clean-fuel vehicles (except as provided in subsection (b)); (2) (A) for any person to fail or refuse to permit access to or copying of records or to fail to make reports or provide information required under [section 7542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7542&num=0&edition=prelim); (B) for any person to fail or refuse to permit entry, testing or inspection authorized under [section 7525(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7525/c&num=0&edition=prelim) or [section 7542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7542&num=0&edition=prelim); (C) for any person to fail or refuse to perform tests, or have tests performed as required under [section 7542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7542&num=0&edition=prelim); (D) for any manufacturer to fail to make information available as provided by r

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7522

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7549 — High altitude performance adjustments

Page 7367 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7549 title, with such modifications of the applicable regulations implementing such sections as the Administrator deems appropriate, and shall be enforced in the same manner as standards pre- scribed under section 7521 of this title. The Ad- ministrator shall revise or promulgate regula- tions as may be necessary to determine compli- ance with, and enforce, standards in effect under this section. (July 14, 1955, ch. 360, title II, § 213, as added Pub. L. 93–319, § 10, June 22, 1974, 88 Stat. 261; amended Pub. L. 101–549, title II, § 222(a), Nov. 15, 1990, 104 Stat. 2500.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–6f of this title. PRIOR PROVISIONS A prior section 213 of act July 14, 1955, was renum- bered section 214 by Pub. L. 93–319 and renumbered sec- tion 216 by Pub. L. 95–95, and is classified to section 7550 of this title. AMENDMENTS 1990—Pub. L. 101–549 amended section generally, sub- stituting present provisions for provisions requiring Administrator and Secretary of Transportation to con- duct study on fuel economy improvement for new motor vehicles manufactured during and after model year 1980. Statutory Notes and Related Subsidiaries REGULATIONS RELATING TO STANDARDS TO REDUCE EMISSIONS Pub. L. 108–199, div. G, title IV, § 428(b), Jan. 23, 2004, 118 Stat. 418, provided that: ‘‘Not later than December 1, 2004, the Administrator of the Environmental Protec- tion Agency shall propose regulations under the Clean Air Act [42 U.S.C. 7401 et seq.] that shall contain stand- ards to reduce emissions from new nonroad spark-igni- tion engines smaller than 50 horsepower. Not later than December 31, 2005, the Administrator shall publish in the Federal Register

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7549

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